Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at their desks. Members, we promise we'll let you get close to the trophy, but we're going to have a prayer and a Pledge of Allegiance. We shall be led in prayer today by Reverend Marlin Otte who is with the Our Redeemer Lutheran Church in Marion, Illinois. Rev… Reverend Otte is the guest of Representative John Bradley. Members and guests are asked to please refrain from starting their laptops, turn off all electronic equipment, and rise for the invocation and the Pledge of Allegiance. Reverend Otte."
"A word of prayer. Heavenly Father, we thank and praise You for this beautiful day, for the wonders of spring and the growth that is occurring. We thank You for the opportunity to be of service to You today and pray that You would bless all actions and decisions. We ask that we may use our gifts and talents to the best of our ability. We pray Your blessings upon those who… who plant, whether it be a garden or a rooftop or thousands of acres, bless their seeds, prosper their crops. Guard and protect those who spend the long hours in the field. We pray, Lord, Your blessings upon the deliberations of this House, that it may truly be in accordance with You. Guide and direct all decisions that the welfare of the entire state may always be at the heart and center of discussions, especially, Lord, Your blessings upon the deliberations with the budget, may there be an openness and a willingness to work together. We ask, Lord, Your blessings upon those… all 09700127.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 voices that seek to be heard whether powerful or weak, may we always be responsive to their needs. We ask that You would be with and watch over each and every industry of our state, that it may truly be one of prosperity. Guide and direct each and every one who works and labors in our state, that they may have a reward for that effort. And be, Lord, with those who are unemployed and seeking opportunities to use their gifts and talents, provide open doors and provide opportunities for them as well. We pray, Lord, Your blessings upon all those who have gathered this day, guide and direct us. We ask this oh, God, in Your name, Amen."
"I would like to ask all the true believers, St. Louis Cardinal fans, to collectively lead us in the Pledge of Allegiance."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Play ball. Throwing out of the first pitch for the House of Representatives will be Barbara Flynn Currie. You have Roll Call for Attendance. Status on the Democrats, Leader."
"Thank you, Speaker. We have no House Democrats excused today."
"Representative Mike Bost, the GOP, Leader."
"Thank you, Mr. Speaker. Let the record reflect that Representative Durkin is excused on the Republican side of the aisle." 09700127.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
"Thank you, Representative. Mr. Clerk, take the record. There's 115 Members responding to the Roll Call, a quorum is present. We're prepared to do the work of the people of the State of Illinois. Mr. Clerk. Mr. Clerk."
Clerk Hollman: "Committee Reports. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on April 24, 2012: do pass Short Debate is Senate Bill 2876. Representative Dugan, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on April 24, 2012: do pass Short Debate is Senate Bill 681, Senate Bill 3292. Representative Phelps, Chairperson from the Committee on Public Utilities reports the following committee action taken on April 24, 2012: do pass as amended Short Debate is Senate Bill 2526. Representative Beiser, Chairperson from the Committee on Transportation: Regulation, Roads & Bridges reports the following committee action taken on April 24, 2012: do pass Short Debate is Senate Bill 2579, Senate Bill 3435; recommends be adopted is House Resolution 936. Representative Berrios, Chairperson from the Committee on Consumer Protection reports the following committee action taken on April 24, 2012: do pass Short Debate is Senate Bill 3201. Representative Riley, the Chairperson from the Committee on Cities & Villages reports the following committee action taken on April 24, 2012: do pass Short Debate is Senate Bill 3047, Senate Bill 3406. Representative Flowers, Chairperson from the Committee on Health Care Availability and Accessibility reports the following committee action 09700127.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 taken on April 24, 2012: do pass Short Debate is Senate Bill 3240. Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken on April 25, 2012: do pass Short Debate is Senate Bill 638, Senate Bill 639, Senate Bill 3244, Senate Bill 3367. Representative Greg Harris, Chairperson from the Committee on Human Services reports the following committee action taken on April 25, 2012: do pass Short Debate is Senate Bill 174, Senate Bill 281, Senate Bill 820, Senate Bill 2934, Senate Bill 3420, Senate Bill 3441, Senate Bill 3484, Senate Bill 3517, Senate Bill 3614, Senate Bill 3690; do pass as amended Short Debate is Senate Bill 3601; recommends be adopted is House Resolution 861, House Resolution 878, and House Resolution 886. Representative Nekritz, Chairperson from the Committee on Judiciary I-Civil Law reports the following committee action taken on April 25, 2012: do pass Short Debate is Senate Bill 2847, Senate Bill 2897, Senate Bill 3594, Senate Bill 3677, Senate Bill 3780, Senate Bill 3823; do pass as amended Short Debate is Senate Bill 3202, Senate Bill 3249, Senate Bill 3593, Senate Bill 3726. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on April 25, 2012: do pass Short Debate is Senate Bill 2888. Representative Zalewski, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on April 25, 2012: do pass Short Debate is Senate Bill 2941, Senate Bill 3137, Senate Bill 3261, Senate Bill 3385, Senate Bill 09700127.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 3538; do pass as amended Short Debate is Senate Bill 3727. Introduction of Resolutions. House Resolution 988, offered by Representative Jefferson, and House Joint Resolution 81, offered by Representative Biss. These are referred to the Rules Committee."
"The Chair recognizes one of Illinois' most prominent St. Louis Cardinal fans, Representative Jerry Costello."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed, Representative Costello."
"Yes, I would like all the Members in the chamber to join me in thanking the World Champion St. Louis Cardinals for allowing us to… to have the trophy here with us today. If we could give them a short round of applause, please. And for any of the Members of northern Illinois who may be fans of a certain other team that plays there that has not seen a World Series trophy in quite some time, please enjoy the World Series trophy. Also, a note, you're not allowed to touch the trophy and it will be here 'til 2:00, going to the other chamber at 2. Thank you, Mr. Speaker."
"Thank you, Representative Costello. I want to thank you for making those arrangements for this beautiful trophy to be here and to all the St. Louis Cardinal fans within the sound of my voice, congratulations on another memorable and wonderful year for you. Representative Mike Zalewski, on a point of personal privilege."
"Two points, Mr. Speaker. The first…" 09700127.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
Speaker Lyons: "Two points, you only get one at a time, Representative."
"The first is we'd… I'd like to take a moment to welcome Audrey Volk. She's… this is the younger sister of our parliamentarian today. She's from St. Daniel the Prophet Grade School in my district and she's a science fair winner and she's taking her product to Champaign next week. She's going to Page here today. So, I ask that the House give her a warm welcome."
"Welcome to your Capitol, Audrey, glad to have you here. And your second point, Representative."
"Mr. Speaker, I just want the Body to take note that we now, in the last 10 years, had a World Series trophy for the Chicago White Sox and the St. Louis Cardinals. Those are probably the only two local teams we're every going to see on this floor. So, the Body should be aware of that and enjoy it because we may need… never see another one of these again."
"Well, your… you're the font of optimism this morning here, Representative. Representative John D'Amico, wha… on a point of personal privilege, an announcement softball players, heads up. Representative D'Amico"
"Thank you… thank you, Mr. Speaker. As everyone knows, tonight we have the House/Senate softball game. It's at 5:30 at Lincoln Park. Our new jerseys are in the back… in the back there. And I also want to let everybody know, whoever's interested in taking a picture with the trophy from the softball team, that's in the back, too, instead of 09700127.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 taking a picture down here. So, all right. So, see you tonight at the game, 5:30, Lincoln Park. Thank you."
Speaker Lyons: "Thank you, Representative. Representative Hammond, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed, Norine."
"Mr. Speaker, it is my distinct pleasure to welcome to Springfield today Miss Krista Shirley. Krista is Miss Macomb of 2012. She's from Washburn, Illinois. Krista is the 19-year-old daughter of Gregory and Barbara Shipley. She's a freshman at Western Illinois University in Macomb where she's majoring in dietetics. She was crowned Miss Macomb on March 31, 2012. Her platform is Nutrition's Role in Birth Defects and for her talent she will be singing If My Friends Could See Me Now. She is a 4-H Member, lifelong and shows cattle and hogs. Welcome, Krista. Thank you."
"Welcome to your Capitol, your majesty. We're honored to have you here. Representative Reboletti, for what purpose do you week recognition?"
"A point of order, Mr. Speaker."
"A point of order?"
"Pursuant to Rule 18(g) of the House Rules, I move to discharge the World Series trophy out of the House Floor. And I know that there are at least five Cub fans with me that stand with me for this Motion and I ask that this Motion be debated. As a lifelong Cub fan who’s been suffering for 43 years and who has passed this disease to 09700127.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 my 10-year-old son, Speaker, I think it's time that the Cub fans are heard from."
Speaker Lyons: "You had me goin' there, Representative Reboletti. You had me goin'. Congratulations. The last time I recognize you for a while, Dennis. Representative Chad Hays on… as long as we're on the order of baseball here in the House of Representatives, Representative Chad Hays on a point of personal privilege that concerns the Chicago White Sox, Representative."
"Thank… thank you very much, Mr. Speaker. First, I'd like to recognize my friend Ran… Randy Ramey who is taking the red jacket to new heights today. Congratulations to Randy, a die hard Cardinal fan in full red regalia today. But while we are recognizing excellence in baseball, on behalf of all Sox fans, I would like to recognize the very rare, perfect game fired by Philip Humber over the weekend. Go Sox. And also, ironically a banner hanging across from Wrigley Field which suggested that Major League Baseball is being played 15 miles south."
Speaker Lyons: "Congratulations Phil Humber on a fabulous perfect game. Representative Michael Bost, Leader Bost."
"Thank you, Mr. Speaker. I'd just like to apologize for my colleague to the aree… right here behind me. I think he feels that he's been put on this earth to represent the Chicago Cubs' fans and he thought… felt that is his calling. I don't know that he's very good at that, but I do apologize for him and we love having the trophy here."
"That's why you're in Leadership, Mike. Thank you, Representative Bost. Representative Hammond." 09700127.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
"Thank you. Mr. Speaker, if I may. I would be remiss if I didn't introduce to the Body, Nancy and Bob Foote. Nancy and Bob have been the executive directors of the Miss Macomb pageant for 53 years. Thank them for all their service."
"Thank you, folks, for coming down, always proud to have you at your Capitol. Mr. Clerk."
Clerk Hollman: "House Joint Resolution 82, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two houses adjourn on Thursday, April 26, 2012, the House of Representatives stands adjourned until Tuesday, May 1, 2012 at 12:00 noon, or call… the call of the Speaker; and the Senate stands adjourned until Tuesday, May 1, 2012 at 12:00 noon, or until the call of the President."
"Representative Chad Hays."
"Thank you, Mr. Speaker. Point of personal privilege."
"Representative Currie moves for the adoption of the Agreed Reso… of the Adjournment Resolution. All those in favor of the adoption of the Adjournment Resolution signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Adjournment Resolution is adopted. Excuse me, Representative Hays. Representative Hays."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed." 09700127.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
"Please help me in welcoming, behind me to the right, Mayor Jack Reidner, mayor of the community of Ogden and member of the Board of Directors of the Illinois Municipal League, welcome mayor."
"Welcome to your Capitol, glad to have you. Leader Renée Kosel, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. A point of personal privilege, please. Up in the…"
"Please proceed."
"…gallery over here we have some students from St. Xavier College… or University, excuse me, who are with us today to lobby Legislators on MAP grants. So, I'd like to have them welcomed, please."
"Welcome, St. Xavier. Welcome… glad to have you at your Capitol. Representative Rosemary Mulligan, for what purpose do you seek recognition, Representative?"
"Thank you, Mr. Speaker. I rise to a point of per… personal privilege. To the right…"
"Please proceed, Rosemary."
"…to my right in the gallery is the clerk from Des Plaines, Gloria Ludwig. She's visiting Springfield today with the Municipal Conference."
"Gloria, welcome to your Capitol, proud to have you here. Ladies and Gentlemen, we're going to do a few of the Third Reading Bills. Bills that we moved to… from Second to Third Reading yesterday. So, we'll be starting on page 4 of the Calendar. And I believe the first Bill that we have prepared to go… Representative Cassidy, on page 4 09700127.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 of the Calendar, you have Senate Bill 1047. Read the Bill, Mr. Clerk."
"Senate Bill 1047, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative, one minute before you start. Ladies and Gentlemen, we're doing Third Readings and I know we have a lot to be excited about. There's a lot of noise level on the floor, if we could bring the noise level down. Shh… Thank you very much. Representative Cassidy."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 1047 is actually a repeat of a Bill that was passed last year. There was an error in the Bill. The Governor did an Amendatory Veto that was too broad and so, this simply adopts the language that should have been in the… in the original Bill last year. It assesses a court fee for defendants in felony, misdemeanor, traffic, local ordinance, and conservation cases that will be put towards a fund for probation officers' salaries, to allow for more probation officers to be available."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1047 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Tim Schmitz, Representative Winters, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 87 Members voting 'yes', 29 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Ed Acevedo, on 09700127.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 the Order of Third Readings that you have on page 4 of the Calendar, Senate Bill 1617. Do you wish to call the Bill? Out of the record. Leader Mike Bost."
"Thank you, Mr. Speaker. If the record could reflect that Representative Reis is excused for the rest of the afternoon."
"The Clerk and the Journal will so note. Thank you, Leader. Representative Carol Sente, on page 4 of the Calendar, Carol, you have Senate Bill 2492. You wish to call the Bill, Representative? Read the Bill, Mr. Clerk."
"Senate Bill 2492, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Lady from Lake, Representative Sente."
"Thank you, Mr. Speaker. Senate Bill 2492 is a Bill that amends the County Code and it allows a juror to waive the fee that they receive for serving as a juror so that can remain in the county's budget. If you have any questions I'm happy to take them."
"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman from DuPage, Representative Dennis Reb…"
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what was the genesis of this legislation?"
"Well, this is Senator Garrett's Bill. But at this point the counties cannot count on what is coming back to their budget because there is not a mechanism for a juror, besides not cashing the check or tearing up the check, for 09700127.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 them to know if that is going to be kept. Many times, actually, the juror is being paid for service by their employer and so this is something that is… they're not taking advantage of the check and so this allows the counties to keep that money."
"How… how would they waive it? Is there a form that they would check when they go to the county building that they want to waive any remuneration?"
"Yes. They now have an opportunity to waive that."
"Thank you."
"There any further discussion? Seeing none, all those in favor of the passage of Senate Bill 2492 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leader Lang. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mathias, on page 4 of the Calendar, you have Senate Bill 2520. Read the Bill, Mr. Clerk."
"Senate Bill 2520, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"The Gentleman from Lake, Representative Sid Mathias."
"Thank you, Mr. Speaker. At… at the current time, there is an exemption in the law for a family member who harbors basically a… a fugitive. They are exempted in law so if you… if a parent… son… close relative is in your house hiding, there is an exemption for family members from 09700127.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 being prosecuted under the law. What Senate Bill 2520 does is if that same family member, who's an adult, actually aids and abets that fugitive from leaving the jurisdiction, in other words gives them money, gives them help in getting plane or train tickets, that would be… there would be no exemption for that and that would be a separate crime. And I ask for your 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2520 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leader Currie. Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Beiser, on page 4 of the Calendar, under Senate Bills-Third Readings, you have Senate Bill 2528. Read the Bill, Mr. Clerk."
"Senate Bill 2528, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Representative Dan Beiser."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 2528 cleans up a Bill that we passed out of the House and the Senate last year, 2860, where a motorcycle or a bicycle does not trip a light at an intersection. 2860, last year, set a reasonable amount of time and the Governor's… in his Veto message, he wanted to define reasonable amount of time and this simply does that by 09700127.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 saying that it's no less than 120 seconds. I'd be happy to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Jackson, Leader Mike Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"All right, Representative, now we… we… you said we did pass this last year, correct? I want to make sure the House knows what we're dealing with here."
"Yes."
"It… what is the reason… what… what goes on with these lights, why the lights won't… is there a problem? The lights aren't changing? What's the issue?"
"Yes. It's simply because, particularly with the bicycles but in many instances motorcycles, they do not… they don't weigh enough to trip the sensor."
"Okay. And… and you say the Governor's Veto… what… what exactly did the Governor's Veto message say last year? Is… is this exact language?"
"No. He… his concern was that we did not define reasonable amount of time. In working with the State Police and the other organizations, we came to this agreement that it would be 120 seconds or less."
"Okay. Thank you."
"Representative Beiser to close."
"Simply ask for an 'aye' vote, Mr. Speaker."
Speaker Lyons: "The question is, 'Should Senate Bill 2528 pass?' All those in favor signify by voting 'yes'; those 09700127.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Hernandez, on the Order of Third Readings, on page 4 of the Calendar, Representative, you have Senate Bill 2574. Read the Bill, Mr. Clerk."
"Senate Bill 2574, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from Cook, Representative Lisa Hernandez."
"Thank you, Speaker and Members of the House. Senate Bill 2574 is an initiative of the Healthcare and Family Services Department. Basically, it's a cleanup Bill that will cut costs, streamline health care payment processes, and eliminate duplicative services, among other changes, to create and promote efficiencies within the medical assistance programs administered by the department. I ask for your 'aye' vote."
"You've heard the Lady's explanation on Senate Bill 2574. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2574 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative David Leitch, would you like to be recorded, David? Mr. Clerk, 09700127.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ed Sullivan, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Ed, please proceed."
"Thank you. Up and to my right, we have, for Leader Cross, who is down with the Governor and cannot announce this, Leader Cross's Youth Advisory Council from Plainfield and Oswego. If you could give them a round welcome for the General Assembly, they're right up here to my right. Thank you."
"Welcome to your Capitol, we're proud to have you. Representative Connie Howard, on page 4 of the Calendar, Connie, you have Senate Bill 2818. Read the Bill, Mr. Clerk."
"Senate Bill 2818, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Constance Howard."
"Yes, thank you very much, Mr. Speaker. This Bill, Senate Bill 2818, does two important things. One, it makes it possible that a different class of children that ca… that they can be eligible for scholarships granted by the Department of Children and Family Services. Also, this Bill changes the designation of our young people from children to youth. I ask for your green votes." 09700127.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
"You've heard the Lady's explanation on Senate Bill 2818. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2818 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, Representative Hernandez, would you like to be recorded? Representative Hernandez. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Mike Bost, on page 4 of the Calendar, under Senate Bills-Third Readings, Mike, you have Senate Bill 2819. Read the Bill, Mr. Clerk."
"Senate Bill 2819, a Bill for an Act concerning corrections. Third Reading of this Senate Bill."
Speaker Lyons: "The Gentleman from Jackson, Leader Michael Bost."
"Thank you, Mr. Speaker. Members of the House, Senate Bill 2819 is some cleanup language that is requested by the Department of Corrections. It actually modifies or eliminates about six reporting requirements which are either duplicate… duplicative in nature or not necessary at all because of other reports that are filed. Be glad to answer any questions."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of Senate Bill 2819 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 09700127.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 wish? Representative Dunkin, Representative Hernandez, would you like to be recorded? Representative Dunkin. Mr. Clerk, take the record. On this Bill, there are 99 Members voting 'yes', 16 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Burke on a point of personal privilege." Burke, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen, a point of personal privilege. I would like to take a moment to acknowledge the presence of Catholic Charities who has been in our Capitol from yesterday and today and I would also like to remind the Members of their wonderful humanitarian work each and every day on behalf of our constituents in the State of Illinois. I don't think that we would be able to operate as a state without their generous support. They, every day, are in the trenches working on behalf of our constituents. And I would just like to applaud them and say thank you for their wonderful humanitarian efforts on our behalf and those that we serve. Thank you, Mr. Speaker."
"Thank you, Representative Burke. Representative Deb Mell, on the Order of Senate Bills-Third Readings, on page 4 of the Calendar, you have Senate Bill 2820. Read the Bill, Mr. Clerk."
"Senate Bill 2820, a Bill for an Act concerning public aid. Third Reading of this Senate Bill."
"Represent… Representative Deb Mell."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Simply, this is a… a Bill that the Department of Healthcare and Family Services is currently using their 09700127.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 petty cash fund to pay out, you know, fees to sheriffs and other officials and they found out through an internal audit that the practice is not in compliance. So, they would like to now use the funds from their Public Assistance Emergency Revolving Fund. Thank you."
"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2820 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Emily McAsey, on the bottom of page 4 of the Calendar, under Senate Bills-Third Readings, you have Senate Bill 2844. Read the Bill, Mr. Clerk."
"Senate Bill 2844, a Bill for an Act concerning corrections. Third Reading of this Senate Bill."
"Representative McAsey."
"Thank you, Mr. Speaker, Members of the House. This is an initiative of the Department of Corrections. The Bill does three things. First, it's a trailer to House Bill 1929, the inmate copay Bill from last year, making a change of an 'or' to an 'and' to make sure that the Bill is reflective of legislative intent with regard to indigency. It also makes a change to the department's ability to accept bids for contractual services. Currently, only DOC has to have contractors with a AAA bond rating, that's a 09700127.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 bond rating that's not available even to government entities. So, this makes the change to investment grade. And finally, it's sort of a trailer Bill to House Bill 204 from last spring, putting in some revisory language at suggestion of LRB to reconcile two Acts. And I would ask for the support of the Body."
"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, M.: "You know, I'm sorry, Representative, that I didn't quite hear your explanation."
"Representative Davis, Monique… we'll… wait… a little loud in here. Ladies and Gentlemen, shhh… Third Readings, Senate Bills. Thank you for your cooperation with low… lowering the noise level. Representative Davis, proceed. Thank you." Davis, M.: "Thank you. Representative, could you kind of give me a summary of what this Bill does?"
"Sure. The… the Bill, again, does three things. It's a trailer Bill to House Bill 1929. Last spring that was the inmate copay Bill. What it does is change one word, from the word 'or' to the word 'and' to reflect what we believed was the Legislature's intent defining indigency, that if an inmate who has $20 in their commissary account at the time of the medical services and in the 30 days prior to those medical services. The second thing that the legislation does is… has to do with the department's ability to 09700127.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 contract for services like food services, medical services. Currently, there's a requirement that they can only contract with entities who…" Davis, M.: "But this…"
"…have a AAA bond rating." Davis, M.: "Okay. This is my concern."
"Okay." Davis, M.: "Why? Why are they… are they raising the bond rating for a person before they can provide services? Is that what they're doing?"
"No. The… the issue is that right now in with the economy being what it is, even government agencies do not have AAA bond ratings. And so, what this is doing is actually lowering the bond rating of entities that the department can contract with to investment grade or better bond rating not to part…" Davis, M.: "So, in other words if a person has had a little downturn in their financial whatever, they can still provide service to the prison. Is that correct? They can still provide food?"
"Right. This is to make sure that the department is able to actually contract with providers. Because of the AAA bond rating requirement right now, and the fact that even government agencies don't have a AAA bond rating, the department will potentially be in a position… will be in a position where they can't contract with people to provide the medical services necessary within the department to provide the food services necessary. So, this is just recognizing the economic realities. And also, there's a 09700127.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 little bit of legislative history here as well. The department of Corrections is the only agency that actually had such a requirement in statute related to such a bond rating. And it goes back to a time when procurement laws were very different in the State of Illinois. There were not the sort of checks and balances that are in place right now and the state actually was hurt by a bad contractor in the past. So, because of other legislative changes that have been put into place, we don't anticipate that that would ever occur again, but we want to make sure that the department is able to contract for the medical services and the food services that they need." Davis, M.: "So, you're saying that in order to contract you have to have a AAA rating?"
"That's the current law." Davis, M.: "Okay. Well, hold on… ho… ho… hold…"
"That's the current law. Sorry." Davis, M.: "Does the State of Illinois have a AAA rating?"
"No." Davis, M.: "So, why are we requiring that they…"
"We’re not, we're changing that. You've got the…" Davis, M.: "Okay, you're making sure they don't. Okay."
"Yes. We're doing the…" Davis, M.: "All right."
"…exact opposite." Davis, M.: "Thanks. Now, my final question is, you're changing the definition of an indigent person?"
"We are clarifying that in the situation where an inmate has to pay the medical copay that two things have to 09700127.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 be true at the same time that they had $20 or less in their account at the time of the services and in the 30 days leading up to the services. So, it's not an 'or'." Davis, M.: "So, if they have earned enough to have more than $20 in their account, then they're considered not indigent. Is that correct?"
"Right. And then they would… they would make the copay for the medical… the nonemergency or dental, medical services that they are seeking in the department." Davis, M.: "Well, I'm going to vote for your Bill, but I do have a great deal of concern. When we decide that $20 makes a personal nonindigent… If a person has only $20, I would say they are terribly indigent. And I don't know what else they have to purchase. Do they purchase their own deodorants, or soaps, or other cosmetics, do they?"
"Yes. What this is doing is saying that for the $5 copay for nonemergency medical or dental, that in order for an inmate to have to pay that, they have to have more than $20 in their account." Davis, M.: "Representative, what's nonemergency?"
"An elective dental visit and elective physical visit with a physician." Davis, M.: "I'm going to vote for your Bill, but I'll be honest and tell you, I have a large concern. I have a large concern that we have people who really have a very difficult time speaking for themselves. Some of them are in prison because they actually did commit horrible crimes. As we have found out in the State of Illinois, some are incarcerated in error, in tragic error, where they have 09700127.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 spent 20 years or more incarcerated only to be found that they were innocent. So, I'm a little bit against these extreme harsh measures because a person has been incarcerated. I think the judge has already kneaded out the sentence and I really oppose the Illinois Legislature continue… continuing to find greater punishment for people who have been given a sentence by a judge. However, I will vote 'yes' on your Bill, but I hope the Governor will take a good look at it. Thank you, Representative."
"Thank you."
"Leader Mike Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, and first off let me let you know that I'm definitely in support of your Bill I'm just wanting to clarify a few things. This language is already in place; we passed this and have modified it several times. The copay is… is to deal with an issue that we had where we were having many of the inmates, under the rules and everything like that, quite often going unnecessarily to the clinics and also to dentals and were having a very large cost to the state for handling them, and the guards that had to be sent, and everything like that. And that's why the copay was in there, is that correct?"
"That's absolutely correct. That's why the copay existed in the first place. The legislation that we passed last year increased the amount of the copay because of recognizing the huge burdens on the state, the huge costs 09700127.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 with regard to the medical care. All that this is doing is making sure that our legislative intent…"
"Right."
"…with regard to when that copay occurs, is clear."
"And… and this $20 you're show… that's actually an increase. So, it's actually better for the inmate, correct? In that… in that case?"
"What the… what the language does is say that the… the inmate has to have more than $20 in their account on the day that the service is delivered or in the 30 days prior."
"Right. And it… and prior to this, it could actually go down to zero, correct? And then it would be charged back to them. So, this is actually a correction that we need to make."
"In terms of the actually defining indigency which we did last spring."
"Right. Is… the other question I've got on the bond rating. Are we, the state, at fault that causes this bond rating to fail or to have to be reduced? Or maybe I'm not understanding it correctly?"
"So, no. The legislation with regard to the bond rating here, there was a situation quite some years back when there was a contractor who was engaged in some business with the Department of Corrections, that contractor basically defaulted on their contract causing a lot of expenses to local hospitals, Department of Corrections. There was legislation that was introduced and then signed into law at that time that put into place this AAA bond rating requirement for the Department of Corrections for 09700127.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 any contracting that they're going to do, whomever that entity that they contracted with was required to have the AAA bond rating. So, right now, in… in this economy, there just are not contractors that have the AAA bond rating. This changes it to investment grade. In addition, from the… the time years ago, when this original situation occurred, our… our laws regarding procurement had been strengthened so that the state won't ever be in a position with this… with a contractor."
"My… my only concern…"
"Yes."
"…was these contractors were already involved with the state and their ratings were dropped because they were involved with the state. And that would be a concern that I'd have."
"I can't answer that question, but that…"
"That's possible."
"…that is very plausible."
"Yes. It… one last question and… and I'm a little concerned. Are we, possibly, because we're dealing with the copay and all of that, and then now we're dealing with the bond rating, are we possibly violating a single subject rule here? Where are we at in the… on…"
"It's all a department… or an Act concerning corrections."
"Okay. All right, that's what I need to know."
"So, yes. So, all of the… it's an initiative of the Department of Corrections with a couple different things in 09700127.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 an Act concerning corrections. So, my understanding would be no."
"Okay. Thank you very much."
"Thank you."
"Representative Rose."
"Thank you. Will the Sponsor yield, Mr. Speaker?"
"Sponsor yields."
"Representative, I've got a little bit of a question here about the copayments and the change in the definition of indigent committed person. What… what is that doing in the Bill?"
"What changes with regard to the definition?"
"Right."
"The only thing that changes with regard to the definition in this Bill is the change of the word from 'or' to 'and'. That's the only change."
"And what is the effect of that change?"
"The effect of that change is that when there is an inmate and there's a determination regarding indigency, two things have to be true; that the inmate had $20 or less in their account on the day of the medical service, and in the 30 days prior to the medical service. So… so, for example… you could have…"
"What happens… is the copay $5?"
"The copay is $5. That doesn't change; the copay is $5. That was increased last spring."
"But consuvably… conceivably, if they've had the $20 in their account yesterday and they knew the service was 09700127.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 coming today and they went and bought a $15 item and had $5 less, they wouldn't have to pay the copay now?"
"No. That's what we're working to correct. So, today without this change, without this change in the language, absolutely. Someone could have $20 in their account today could schedule an appointment tomorrow and spend that $20 and then they wouldn't have to pay the copay. So… so, this legislation corrects that situation."
"But doesn't that… wouldn't that be the 'or' as opposed to the 'and'? Because I think you just said you're striking 'or' and inserting 'and' or did I get that backwards? Is it backwards? This is obviously a very cogent point, listen to how quiet the chamber is."
"Right. The… it is striking the 'or' and putting in the 'and' so that both things have to be true; 20 days in the account and the 30… $20 or less at the time of the services and for the 30 days prior."
"Oh, okay. I got it. Okay. All right. Thank… thank you very much."
"Okay. Thank you."
"Ford."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, I just have one question. When we talk about the copay, is it possible for inmates to use their money in their accounts for child support payments?"
"I don't have that information. This… this Bill doesn't speak to that." 09700127.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
"Okay. You know, I think that what I see in the district that I represent in, families… I think that money, if we're going to do anything, we should make sure that inmates pay child support before we try to add fees that will support other programs. So, I'll have to vote 'no'. I'm sorry I voted 'yes', previously. Thank you."
"Representative Mulligan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, so, if they spent the money the day before or whenever, and then they go for the service, do they back charge them so that the next time they get money in their account they take it out?"
"I will clarify that question with the Department of Corrections but that would be my understanding. When they're… that they're looking to determine what is indigent."
"Or would it keep someone from seeking medical help in a timely fashion and put it off. So, you have a cold and then it turns to pneumonia because you don't want them to take the money out of your account?"
"The… the actual copay has to do with elective dental or medical treatment."
"So, is it not elective if they fall sick with something, a virus or something that happen, as opposed to a checkup or routine dental work that they may need?"
"So, the co-pay has to do with a check-up, routine dental work. If there's some sort of specific illness that someone needs emergency treatment for, the copay wouldn't 09700127.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 come into play in the first place. So, this would be you want to schedule a dental cleaning, go in for some sort of just medical checkup."
"Seems a little complicated here."
"Representative McAsey to close."
"Thank you. I ask for your 'aye' vote."
Speaker Lyons: "The question is, 'Should Senate Bill 2844 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hatcher, Lilly, du Buclet, Riley, would you like to be recorded? du Buclet. Mr. Clerk, take the record. On this Bill, there's 104 Members voting 'yes', 8 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Mike Bost, for what purpose do you seek recognition, Sir?"
"Thank you, Mr. Speaker. We need the record to reflect that Representative Sosnowski is excused for the rest of the day."
"The Clerk and the Journal will so note. Thank you, Leader. Mr. Clerk, Agreed Resolutions."
Clerk Hollman: "Agreed Resolutions. House Resolution 976, offered by Representative Jackson. House Resolution 978, offered by Representative Verschoore. House Resolution 979, offered by Representative Verschoore. House Resolution 980, offered by Representative Riley. House Resolution 981, offered by Representative Hatcher. House Resolution 982, offered by Representative Farnham. House Resolution 985, 09700127.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 offered by Representative Gordon. House Resolution 986, offered by Representative Gordon. And House Resolution 987, offered by Representative Howard."
Speaker Lyons: "Leader Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. House Democratic and Republican staff, all House staff, the floor will be open for you to take a picture with the trophy for 30 minutes. By ten minutes to two, the trophy will go over to the Senate. So, House Democratic, Republican, House staff, the employees are allowed to come to the floor to take a picture with the trophy. And now, Representative Barbara Flynn Currie moves that the House stand adjourned… Representative Burke." Burke, D.: "Thank you, Mr. Speaker. Before we adjourn, on a point of personal privilege."
"Please proceed, Dan." Burke, D.: "I'd like to take the opportunity to welcome back to our chamber, our former colleague, the City Clerk of Chicago, Susana Mendoza is with us this afternoon."
"Welcome home, Susana. Representative Cassidy."
"Thank you. Once again, before we adjourn, I don't want to delay everyone but I do want to take a moment to welcome the volunteers and members of Equality Illinois who are here today from all over our state to lobby for equality and they're up in the chamber. I'd like for everyone to give them a warm welcome." 09700127.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012
"Welcome to Springfield, glad to have you. Enjoy your day. Representative Will Davis." Davis, W.: "Thank you, Mr. Clerk. I noticed that the softball trophy is not in the well anymore. I just thought it'd be appropriate since we're walking the World Series trophy over to the Senate that we walk the softball trophy over to the Senate as well just to rub it in a little bit."
"Representative Davis, we might take that under consideration, but I think we're… we're above that. We'll let them just envy what we keep here in the House. Representative Kate Hatcher."
"Point of personal privilege."
"Please proceed, Representative."
"On behalf of all the Legislators in the western suburbs, we want to make sure we welcome the Metro West Council of Government which is in the House and Senate today talking to their Legislators."
"Welcome to your Capitol, enjoy your day. And now, Leader Barbara Flynn Currie moves that the House stands adjourned to the hour of 11 a.m. tomorrow, Thursday, April 26. And allowing perfunctory… the time for the Clerk, all those in favor of adjournment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned to the hour of 11 a.m. on Thursday, April 26. Bring back that trophy, House of Representatives. See you at the park, Washington Park at 5:30."
"House Perfunctory Session will come to order. Intro… First Reading of Senate Bills. Senate Bill 3552, 09700127.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 127th Legislative Day 4/25/2012 offered by Representative Mathias, a Bill for an Act concerning civil law. House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 25, 2012: approved for consideration, referred to Second Reading is House Bill 4204, House Bill 4328, House Bill 4329, House Bill 4330, House Bill 4331, and House Bill 4332. There being no further business, the House Perfunctory Session will stand adjourned." 09700127.doc 34